[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51490-51492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20675]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0723]
RIN 1625-AA00


Safety Zone, Shallowbag Bay; Manteo, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Shallowbag Bay, Manteo, NC. This action is necessary to protect the 
life and property of the maritime public from the hazards posed by 
fireworks displays. This safety zone is intended to restrict vessels 
from a portion of Shallowbag Bay River during the Outer Banks Bluegrass 
Festival Fireworks display.

DATES: This rule is effective August 29, 2014 and will be enforced from 
8 p.m. to 10 p.m. on September 26, 2014 unless cancelled earlier by the 
Captain of the Port.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Derek J. Burrill, Coast Guard Sector North Carolina, 
Coast Guard; telephone (910) 772-2230, email [email protected]. 
If you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 17, 2013 we published a Notice of Proposed Rulemaking (NPRM) 
entitled ``Safety Zone, Shallowbag Bay; Manteo, NC'' in the Federal 
Register (78 FR 29091). We received no comments on the proposed rules. 
No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1. This notice is 
issued under the authority of the Freedom of Information Act, 5 U.S.C. 
552(a).
    On September 26, 2014 fireworks will be launched from a barge 
located in Shallowbag Bay in Manteo, North Carolina as part of the 
Outer Banks Bluegrass Festival. The temporary safety zone created by 
this rule is necessary to ensure the safety of vessels and spectators 
from hazards associated with the fireworks display. Such hazards 
include obstructions to the waterway that may cause death, serious 
bodily harm, or property damage, as well as the accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. Establishing a safety zone to control vessel movement around 
the location of the launch area will help ensure the safety of persons 
and property in the vicinity of this event and help minimize the 
associated risks.

C. Discussion of Proposed Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading, and launching of the 
Outer Banks Bluegrass

[[Page 51491]]

Festival Fireworks Display. The fireworks display will occur for 
approximately 15 minutes from 9 p.m. to 9:15 p.m. on September 26, 
2014. However, the Safety Zone will be effective and enforced from 8 
p.m. until 10 p.m. in order to ensure safety during the setup, loading 
and removal of the display equipment.
    The safety zone will encompass all waters on Shallowbag Bay within 
a 200 yard radius of a barge anchor in approximate position 
35[deg]54'31'' N, longitude 075[deg]39'42'' W from 8 p.m. until 10 p.m. 
on September 26, 2014. All geographic coordinates are North American 
Datum 1983 (NAD 83). The effect of this temporary safety zone will be 
to restrict navigation in the regulated area during the fireworks 
display.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Sector North 
Carolina or his designated representative. The Captain of the Port or 
his designated representative may be contacted via VHF Channel 16. 
Notification of the temporary safety zone will be provided to the 
public via marine information broadcasts.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
will restrict access to the area, the effect of this rule will not be 
significant because: (i) The safety zone will only be in effect from 8 
p.m. to 10 p.m. on September 26, 2014, (ii) the Coast Guard will give 
advance notification via maritime advisories so mariners can adjust 
their plans accordingly, and (iii) although the safety zone will apply 
to the section of Shallowbag Bay, vessel traffic will be able to 
transit safely around the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
through or anchor in the specified portion of Shallowbag Bay on 
September 26, 2014.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will only be in effect for two hours, from 8 p.m. to 10 p.m. 
Although the safety zone will apply to a section of Shallowbag Bay, 
vessel traffic will be able to transit safely around the safety zone. 
Before the effective period, the Coast Guard will issue maritime 
advisories widely available to the users of the waterway.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 51492]]

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
establishes a temporary safety zone to protect the public from 
fireworks fallout. This rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T05-0723 to read as follows:


Sec.  165.T05-0723  Safety Zone, Shallowbag Bay; Manteo, NC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: This safety zone 
will encompass all waters on Shallowbag Bay within a 200 yard radius of 
a barge anchor in position 35[deg]54'31'' N, longitude 075[deg]39'42'' 
W. All geographic coordinates are North American Datum 1983 (NAD 83).
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part apply to the area described in paragraph (b) of 
this section.
    (2) Persons or vessels requiring entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative, unless the Captain 
of the Port previously announced via Marine Safety Radio Broadcast on 
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will 
not be enforced in that portion of the safety zone. The Captain of the 
Port can be contacted at telephone number (910) 343-3882 or by radio on 
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m. 
to 10 p.m. on September 26, 2014 unless cancelled earlier by the 
Captain of the Port.

    Dated: August 14, 2014.
S. R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2014-20675 Filed 8-28-14; 8:45 am]
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